H. Off Campus Community Standards

III. C. Community Standards

Disciplinary Rules and Regulations

Philosophy of Discipline

A university education is primarily academic and intellectual in nature, but it also includes the development of attitudes and values that enhance mature responsible behavior in all areas of life. Accordingly, student conduct in and out of class is not considered apart from its effect on the total University community; rather it is viewed as integral to an educational process that is both individual and collective in nature. It is in this spirit that La Salle has developed a set of regulations governing student conduct and has established a judicial system through which conduct violations are adjudicated by members of the campus community. All individuals enrolled as students at La Salle are subject to these regulations at all times.

Definitions

Administrative Hearing Officers

The Senior Associate Dean of Students or his/her designee (hereinafter collectively referred to as "Senior Associate Dean of Students") serves as the Administrative Hearing Officer unless that individual has served as the Preliminary Hearing Officer or circumstances clearly show that it would be in the student's best interest for another person to act as the Administrative Hearing Officer. Extenuating circumstances for appointing another Administrative Hearing Officer include concerns of timeliness and conflicts of interest. The Senior Associate Dean of Students may appoint a professional staff member of the Student Affairs division to serve as the Administrative Hearing Officer. With the student's approval, the Preliminary Hearing Officer may act as the Administrative Hearing Officer. Administrative Hearing Officers are empowered to take disciplinary action up to and including Probation. Decisions and sanctions are subject to review and modification by the Senior Associate Dean of Students. When circumstances warrant Suspension or Dismissal from the University, the Administrative Hearing Officer recommends these actions to the Senior Associate Dean of Students.

Conduct Warning

A notice in writing that a student’s conduct necessitated the initiation of disciplinary proceedings. The nature and circumstances of the conduct does not warrant more severe disciplinary action, but this warning will be a matter of record in the Community Development Office for future reference.

Crimes of Violence

As set forth in the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; 34 C.F.R. Part 99 ("FERPA") regulations, Crimes of Violence include: arson; assault offenses (aggravated assault, simple assault, intimidation); burglary; criminal homicide (manslaughter by negligence); criminal homicide (murder and non-negligent manslaughter); destruction, damage or vandalism of property; kidnapping/abduction; robbery; and forcible sex offenses. Forcible sex offenses are defined as any sexual act directed against another person forcibly or against that person's will, or not forcibly or against the person's will where the victim is incapable of giving consent. Forcible sex offenses include rape, sodomy, sexual assault with an object, and forcible fondling.

Disciplinary Hold

A restriction placed upon a student's academic records. This is usually applied for failure to complete a sanction or failure to pay a fine. A Disciplinary Hold will result in the student being unable to register for classes, receive grades, receive transcripts and/or receive other services normally provided through the Registrar's Office.

Disciplinary Report

A complaint of an alleged violation of University rules and regulations prepared by or with the assistance of a member of the Office of Community Development. A separate Disciplinary Report must be prepared for each individual against whom a complaint is made and only that individual may be identified in the report. The preparation of a Disciplinary Report will trigger a Preliminary Hearing.

Dismissal

The permanent termination of student status and separation from the University. Students dismissed from the University will be charged full fees for the semester in which the dismissal occurs; students with board contracts shall receive a pro-rated refund. Students shall be assigned the grades which would be appropriate if they were withdrawing voluntarily. There is no reimbursement for housing contracts.

Incident Report

An Incident Report communicates alleged violations of University rules and regulations and is prepared by a witness to or victim of such violation. Incident reports may identify more than one University student. The allegations in an Incident Report may be used by Community Development to draft a Disciplinary Report(s).

Interim Suspension

The temporary suspension of a student's enrollment, housing or other University privileges.

Judicial Board

The Judicial Board decides responsibility for alleged violations of University rules and regulations, recommends to the Senior Associate Dean of Students sanctions when appropriate, and interprets University rules and regulations as they relate to individual incidents and community values.

Student appointments to the Judicial Board are made by the Students' Government Association, after consultation with the current board members. Careful consideration is given to all appointments to ensure that the board reflects the diverse social and cultural lives of the La Salle community. Faculty appointments are made by the Faculty Senate, in accordance with its procedures. The Judicial Board is composed of twenty members: five faculty members and fifteen students. A panel for any given hearing will be drawn from the available members of the Judicial Board. Five members are needed to conduct a hearing. The Senior Associate Dean of Students or a designee will assign panel members on a rotating basis. One student member will be selected as chair for each hearing, and one member shall be the recorder.

Preliminary Hearing Officer

The Senior Associate Dean of Students will appoint a professional staff member to conduct a preliminary investigation of the Incident Report. The appointee will act as the Preliminary Hearing Officer and will review the charges and consult with all parties to determine if adjudication is warranted.

Preponderance of the Evidence

This standard means that, in light of all the evidence, the claims are more likely so than not so. In other words, if one were to put the evidence favorable to the individual making the complaint and the evidence favorable to the accused student on opposite sides of a scale, in order to meet this standard, the facts supporting the individual making the report would have to make the scale tip somewhat on his or her side.

Probation

A period of review and observation during which the student must demonstrate the ability to comply with University rules, regulations, and/or other conditions which may be imposed during the Probation. This sanction is more severe than a Conduct Warning.

Sexual Violence

Sexual violence is a form of sexual harassment prohibited by Title IX that refers to physical sexual acts perpetrated against a person's will or against a person incapable of giving consent due to the use of drugs or alcohol. An individual also may be unable to give consent due to an intellectual or other disability.

Suspension

The termination of student status for a specified period of time. The conditions for readmission shall be stated in the order of Suspension. Students suspended will be charged full fees for the academic and/or housing expenses for the semester in which the Suspension occurs. Students will be assigned the grades that would be appropriate if they were withdrawing voluntarily at the time of the Suspension. Students with board contracts shall receive a pro-rated refund. There is no reimbursement for housing contracts.

Actions to Protect the University from Harm

The University trusts that the great majority of students will not intentionally violate policies or contribute to events in which harm, threat to person, or destruction of property occurs. However, in the event that these factors are imminent, University personnel have a responsibility to react accordingly to protect students on University property and to protect University property from harm.

In this regard, the University administration reserves the right to enact additional procedures it deems necessary to respond to foreseeable circumstances which may occur on University property. Such circumstances may include, but are not limited to:

events at which alcohol and/or large numbers of people are regarded as contributing to an anticipated lack of civility, harm to students, or destruction of personal and/or University property; and/or

events during which a threat(s) to persons has occurred, and/or it seems likely that they may occur without intervention by University staff.

NOTE: The University reserves the right to alert non-campus law enforcement officials to problems on or off campus. Concerns most likely to be reported are those involving physical endangerment, illegal substances, or those resulting in complaints from the local community.

Interim Suspension

The University reserves the right to place a student on Interim Suspension pending the full consideration of any disciplinary case. The Senior Associate Dean of Students must find either of the following for a student to be placed on Interim Suspension:

there is reasonable cause to believe that the student has violated any of the University's rules or regulations (e.g., a student arrested for felony criminal behavior); or

there is reasonable cause to believe that danger and/or disruption will be present if the student is permitted to remain on campus or in University housing.

Conduct Subject to Disciplinary Action

Normally, University disciplinary action is limited to conduct which adversely affects the pursuit of educational objectives. La Salle University values an educational environment where individuals support the basic safety and integrity needs for themselves as well as the other members of the community. While no specific policy statement has universal validity, and actual decisions are best made in accordance with all the circumstances involved in an individual case, the following behavior are examples of conduct subject to disciplinary action:

Examples of Prohibited Conduct

All forms of dishonesty, including cheating, plagiarism, knowingly furnishing false information to the University, forgery, and alteration or fraudulent use of University documents or instruments of identification.

Intentional disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other University activities.

Physical or verbal abuse or harassment of any person on University premises, at University-sponsored functions, or of any members of the University community off University premises. This includes incidents of sexual violence, sexual harassment, sexual misconduct, racial harassment, and other violations of the University's discrimination and harassment policies.

Theft from or damage to University property/premises. This includes theft of or damage to the property of a member of the University community on University premises.

Failure to comply with the directions of University officials in the performance of their duties. This includes support staff such as Security and Safety, Physical Facilities, and Community Development Staff.

Violation of the University Alcohol and Other Drug Policy.

Engaging in Serious Misconduct, as set forth in Section III.C.3.a., below.

Violations of published University regulations, including those relating to residential community standards, off-campus community standards, weapons and other dangerous articles and substances, the rules in this Student Guide, and any other regulations which may be enacted.

Violations of any federal, state, or local criminal law.

Disciplinary Procedures

Disciplinary cases will be handled in accordance with the University disciplinary policy as set forth below. Any member of the University community may file an Incident Report or assist with the preparation of a Disciplinary Report against any student, student group, or student organization for alleged violations of University rules, regulations, or policies. Concerns about student behavior may be brought to the attention of the University through an Incident Report, or a verbal report, filed with the Office of Community Development, which is directed by the Senior Associate Dean of Students.

Questions about the disciplinary process may be directed to the Office of Community Development.

Incident Report

The person(s) submitting an Incident Report is requested to provide the following information in writing:

his/her name and contact information;

the name(s), address(es), and contact information of the persons involved in an incident of concern and each of their roles (e.g., the victim, the student alleged to have violated University rules and regulations (the "accused student"), witnesses, staff, etc.);

the date(s), time(s), and place(s) of the incident(s);

the reason(s) for the report (select the appropriate category(ies) that correspond to the Student Code of Conduct, as set forth in the Incident Report Form);

a description of the incident/concern using specific, concise, and objective language; and

state whether the incident might involve a crime and include any supporting documentation as evidence (scanned forms, photos, videos, etc.).

Disciplinary Report

After receiving an Incident Report, the Director of Community Standards and Support will direct a professional staff member to prepare a Disciplinary Report, in consultation with the victim, if appropriate.

Each Disciplinary Report shall include the following information:

and address of the accused student;

the date(s) and time(s) of the incident(s);

the University policies or conduct standards subject to disciplinary action the accused student(s) allegedly violated;

a statement describing the alleged violation of University policies or conduct standards subject to disciplinary action; and

the signature

Preliminary Hearings

Procedures

Following the preparation of a Disciplinary Report, the accused student will be notified in writing to report to a Preliminary Hearing. At the Preliminary Hearing, the Preliminary Hearing Officer will explain the disciplinary procedures and discuss the Disciplinary Report.

If an accused student fails to meet with the Preliminary Hearing Officer within seven (7) calendar days after notification of the Preliminary Hearing, the student may be subject to disciplinary action up to suspension from the University, without further consultation.

At any stage of the investigation or adjudication of a disciplinary case, the accused student may refuse to answer any question(s).

When the Preliminary Hearing Officer determines, after evaluating the Disciplinary Report, conducting any necessary investigation, and meeting with the accused student, that there is not an objective basis that supports the case and that there is no reason to continue the case, the Preliminary Hearing Officer will forward a letter setting forth this determination to the Senior Associate Dean of Students. The Preliminary Hearing Officer will communicate this decision to the accused student, and in cases of alleged sexual misconduct or sexual harassment, to the victim.

When the Preliminary Hearing Officer determines, after evaluating the Disciplinary Report, conducting any necessary investigation, and meeting with the accused student, that there is an objective basis that supports the charges and that further disciplinary consideration is justified, the Preliminary Hearing Officer shall notify the accused student of his/her decision about disciplinary action, orally if possible, and also through a Preliminary Hearing Outcome Letter. Decisions and sanctions are subject to review and modification by the Senior Associate Dean of Students. The Preliminary Hearing Officer is empowered to take disciplinary action up to and including Probation. When circumstances warrant Suspension or Dismissal from the University, the Preliminary Hearing Officer shall recommend these actions to the Senior Associate Dean of Students. After consultation with the Senior Associate Dean of Students, the Preliminary Hearing Officer will communicate the decision to the student in writing.

If the Disciplinary Report alleges sexual misconduct or sexual harassment, the victim shall at this time be given written notice of the outcome of the Preliminary Hearing (i.e., whether harassment was found to have occurred). With respect to Disciplinary Reports alleging sexual assault and/or Crimes of Violence, the victim shall also be informed in writing of any sanction imposed. For all other types of allegations, the victim will only be notified about sanctions imposed that directly impact the victim (e.g., restitution, "no-contact" directive, etc.).

If the accused student chooses not to contest the charges and not to have the case adjudicated further, the disciplinary process is concluded, and the decision and sanctions assigned by the Preliminary Hearing Officer are the final outcome.

If the accused student disagrees with the sanction imposed, he/she must state this in a letter to the Senior Associate Dean of Students within five (5) calendar days after the sanction first has been communicated by the Preliminary Hearing Officer (whether verbally or in writing). At that time, the accused student will attend a meeting with the Senior Associate Dean of Students to discuss the formal hearing process. In that meeting, the accused student will be required to state the type of formal hearing they prefer: (1) a Judicial Board or (2) an Administrative Hearing Officer. (Should the Judicial Board be inoperative, the Senior Associate Dean of Students reserves the right to adjudicate the case as an Administrative Hearing Officer.)

A copy of the Disciplinary Report, Preliminary Hearing Outcome Letter, and the written request for a formal hearing will be forwarded to the Judicial Board or Administrative Hearing Officer.

The accused student will be given no less than five (5) calendar days from the conclusion of the Preliminary Hearing to prepare for the Disciplinary Hearing.

The Community Development Office will notify the Judicial Board/Administrative Hearing Officer, the Preliminary Hearing Officer, and the accused student of the date, time, and location of the formal hearing. The accused student must contact appropriate witnesses and inform them of the date, time, and location of the Disciplinary Hearing. Names of witnesses must be submitted to the Community Development Office at least 24 hours in advance of the Disciplinary Hearing.

The Preliminary Hearing Officer shall request the attendance of witnesses known to the Preliminary Hearing Officer at the formal hearing.

The hearing will be private, unless an open hearing is requested by the accused student. An open hearing allows any interested member of the University community to attend. In this context, University community members are defined as currently-enrolled students and currently-employed members of the University faculty and staff. Non-University community members may be allowed to attend and participate in the hearing if they are witnesses able to offer testimony, based on their direct observation, that supports or nullifies the behavior noted in the Disciplinary Report. Normally, all witnesses will be present and remain throughout the entire hearing and may observe all aspects of an open hearing except the deliberation of the Board, so long as the hearing is not interrupted by the observers; exceptions may be made during the course of the hearing based on the judgment of the Chair of the Judicial Board or the Administrative Hearing Officer.

Any requests for an exception to this standard procedure, including a request by a victim of sexual assault for a private hearing, must be made in advance of the hearing to the Senior Associate Dean of Students.

Either an audio recording or a written record of the hearing will be made.

On behalf of the University, the charges and evidence will be presented by a designee of the Senior Associate Dean of Students.

The accused student shall be entitled to be accompanied by one La Salle University faculty member, administrator, or student. In cases of alleged sexual misconduct, sexual harassment, sexual assault or other physical assaults, the victim may also be accompanied by one La Salle University faculty member, administrator, or student. The role of the representatives will be advisory in nature; the representatives are not permitted to serve as witnesses at the hearing. The name of any advisor must be submitted to the Community Development Office at least 24 hours in advance of the Disciplinary Hearing.

A Disciplinary Hearing may include opening and closing statements from the victim, the accused student, and witnesses.

The University and the accused student may present witnesses subject to the determination of the Board Chair or the Administrative Hearing Officer of the witnesses' relevance to the case. Members of the Board or the Administrative Hearing Officer may ask questions of any party or witness involved in the proceedings. The accused student(s), the person(s) presenting for the University, and witnesses in the case will have the opportunity to ask questions, through the Board Chair or Administrative Hearing Officer, when the Board Chair or Administrative Officer judges the questions to be relevant to the case. Witnesses must be able to offer testimony, based on their direct observation, that supports or nullifies the behavior noted in the Disciplinary Report.

If, as judged by the Board Chair or the Administrative Hearing Officer, the accused student without sufficient reason fails to appear at the established time of the Disciplinary Hearing, the presiding officer reserves the right to conduct the hearing without the presence of the accused. If the absence is unexcused, the accused forfeits any rights to an appeal. No recommendation or imposition of sanction shall be based solely upon the failure of the accused to appear at the hearing.

The Judicial Board or Administrative Hearing Officer shall use a Preponderance of the Evidence standard to evaluate all charges.

The Judicial Board Chair or Administrative Hearing Officer will provide the decisions regarding responsibility and recommended sanctions in a written report to the Office of Community Development. The Senior Associate Dean of Students will be given a record of the Disciplinary Hearing. The Senior Associate Dean of Students will review and confirm or modify the recommended sanctions, in consultation with the Board Chair or Administrative Hearing Officer.

Student Notification Policy

The accused student shall receive written notice of the outcome of any Disciplinary Hearing, including any sanction imposed.

If the Disciplinary Report alleges sexual misconduct or sexual harassment, the alleged victim shall be given written notice of the outcome of the Disciplinary Hearing (i.e., whether harassment was found to have occurred). With respect to Disciplinary Reports alleging sexual assault and/or Crimes of Violence, the victim shall also be informed in writing of any sanction imposed. For all other types of allegations, the victim will only be notified about sanctions imposed that directly impact the victim (e.g., restitution, "no-contact" directive, etc.).

Disciplinary Sanctions

Disciplinary action is based on the seriousness of the offense, individual circumstances, and the best interest of the general educational community. All sanctions shall be stated in writing and will be a matter of record in the Community Development Office. Failure to meet the conditions of any sanctions may result in the imposition of a Disciplinary Hold.

Serious Misconduct

There are certain behaviors that are viewed as the most serious violations of these standards and may lead to the loss of the privilege to live in or visit University housing, and/or suspension from the University on a first offense. The following behaviors are considered "Serious Misconduct" and viewed as the most serious violations of these standards:

Examples of Serious Misconduct

Sexual violence, fighting, assault, or threats of the same.

Indications of the sale of marijuana (this includes possession of baggies, scales, and/or more than one ounce/28.5 grams of marijuana) or possession, use or distribution of other illegal/illicit drugs in any quantity.

Destruction, defacement, or theft of private or University property.

Breaches of safety/security measures which could endanger members of the University community. This includes propping open or inappropriate use of Security/Fire doors and misuse of an ID card or key access to facilities.

Misuse of any fire protection equipment or breach of fire safety standards, including pulling a false alarm, the discharge of a fire extinguisher in the absence of a fire, setting fires (arson), and the discharge of fireworks.

Violation of the Policy Statement on Weapons and Other Dangerous Articles or Substances.

Lewd or indecent behavior in public areas contrary to the values of a La Salle education. This includes incidents of harassment and sexual harassment.

Seriously disruptive behavior in the surrounding community, individually, collectively, or as a confirmed resident/lease-holder of a property.

Violation of the Academic Integrity Policy.

Felony criminal convictions, resulting from either on or off-campus behavior.

Types of Disciplinary Sanctions

The following are the types of Disciplinary Sanctions that may be imposed upon individuals or student organizations for the commission of offenses set forth herein or otherwise recognized by the University judicial system. The four primary sanctions noted below are Conduct Warning, Probation, Suspension and Dismissal. Note that a combination of sanctions may be invoked, as deemed appropriate. For example, restitution and probation may be required of a student for the same incident.

Conduct Warning

Conditions that may be imposed in connection with a Conduct Warning include Restitution, a Fine, a Mandatory Alcohol Referral, or a Re-directive/Educational Project. (These conditions are defined below in the section on Probation.)

Probation

Probation may be administered in two forms and may be subject to the following conditions:

Types of Probation

Specific Probation: the sanction with or without conditions is imposed for a specific period of time.

General Probation: the sanction is imposed for the student's tenure at the University. Conditions, when imposed, may or may not extend through the student's tenure.

Conditions of Probation

Conditions of probation shall be consistent with the offense committed and the rehabilitation of the student. Conditions may include but are not limited to the following, or any combination thereof:

Suspension of the individual from representing the University in an official capacity. This includes the student's participation in intercollegiate activities or as an officer in a campus organization.

Deferred Suspension from University Housing. This is a warning that, if a student is again found guilty of violating a University rule, regulation, or disciplinary sanction, suspension from a particular residence hall, all University housing, and/or from entering any University housing is imminent.

Suspension of University Housing Privileges. This is the loss of housing and visitation privileges in a certain residence hall or in all University-controlled housing. The specific period of time cannot be less than the remainder of the semester in progress. There is no reimbursement for a student's housing contract. Upon the student's return to housing, the student will not have the privilege of self-selecting a roommate or a specific residence hall or apartment. The student will also lose a minimum of two housing lottery points as a penalty for the suspension from housing.

Deferred Suspension from the University. This is a warning that if a student is again found guilty of violating a University rule, regulation or sanction, suspension from the University is imminent.

Restitution. The reimbursement to the University or a member of the University community for damage, destruction, or misappropriation of property on University premises. When imposed, Restitution is in addition to any other sanction.

Fine. A penalty fee payable to the University of no less than $5 and no greater than $300, depending on the degree of infraction. The amount is to be determined by the appropriate Preliminary Hearing Officer, Judicial Board, or Administrative Hearing Officer. A Fine, when imposed, is in addition to any other sanction or Restitution.

Re-directive/Educational Projects. Projects or programs that promote the rehabilitation or education of the student through experiences aiding in personal growth, in gaining an understanding of the community, in contributing to the University community, and/or in contributing to the larger community outside of the University.

Mandatory Alcohol Referral. Assessment(s) by and/or consultation with a staff member in the campus Alcohol and Other Drug Education Center, and completion of any alcohol awareness/assessment process recommended by the Center.

Restricted Access. Official notification that an individual is no longer welcome to visit campus facilities (also commonly referred to as a "No Trespassing Notice"). This may be administered for specific or general areas of the campus and with or without a termination date. The University may request non-campus police intervention and/or an arrest when there is knowledge of an individual on the Restricted Access List in violation of the restriction.

Restriction of Room Selection Privileges. The loss of housing lottery points, the loss of the privilege to self-select a roommate, and/or the loss of the ability to request a specific residence hall/apartment.

Suspension

Dismissal

Procedures for Appeal

The accused student or the Preliminary Hearing Officer, in consultation with the victim, may appeal the decision of the Judicial Board or the Administrative Hearing Officer. An appeal is a written statement that includes the rationale for the appeal, as well as all pertinent information germane to the appeal. It must be submitted to the Vice President for Student Affairs/Dean of Students within five (5) calendar days after the decision has been communicated verbally or in writing to the accused student.

For an appeal to be considered, the accused student or Preliminary Hearing Officer must be able to demonstrate (through the written statement, supported by any other pertinent information or documentation) to the Vice President for Student Affairs/Dean of Students one or more of the following:

that he or she did not receive a fair hearing consistent with the process set forth herein;

that the sanction was arbitrary or capricious;

that certain relevant evidence was not reviewed; or

that new evidence is available.

The Vice President for Student Affairs/Dean of Students shall use a Preponderance of the Evidence standard to evaluate all appeals.

When the grounds for an appeal have been established, one of the following procedures will be followed:

Normally, the scope of the appeal will be limited to a review by the Vice President for Student Affairs/Dean of Students of the report of the Judicial Board or the Administrative Hearing Officer.

The Vice President for Student Affairs/Dean of Students may accept the report as presented, make a specific modification of the sanction imposed, return the case to the appropriate Judicial Board or Administrative Hearing Officer for further proceedings, or dismiss one or more of the charges entirely.

At the discretion of the Vice President for Student Affairs/Dean of Students, an Appeal Board may be established. The Appeal Board will include an administrator appointed by the Vice President for Student Affairs/Dean of Students and two representatives from the Judicial Board designated by the Vice President for Student Affairs/Dean of Students. The Vice President for Student Affairs/Dean of Students shall sit as chair (ex-officio) of the Appeal Board. Board decisions in all cases are advisory to the Vice President for Student Affairs/Dean of Students. The Appeal Board will determine the procedure it wishes to follow after consideration of the specific case.

The Vice President for Student Affairs/Dean of Students is the final arbiter of any appeal and may identify a designee to serve in that role.

Notice regarding the outcome of any appeal shall be given under the same circumstances and in the same manner as for the outcome of the Disciplinary Hearing, as set forth above.

Timeframes for Disciplinary Procedures and Investigations

The Disciplinary Rules, Regulations, and Procedures and investigations described herein are intended to provide prompt and equitable resolution to all Incident Reports and other complaints of alleged discrimination and harassment. The Office of Community Development shall have a goal of completing any disciplinary process or investigation as described above, within sixty (60) days of notice of the Incident Report or complaint. If, due to the complexity of the investigation, the nature of the allegations, or other unforeseen circumstances, the process and/or investigation may take longer, the Office of Community Development shall inform the individual making the Incident Report, the accused student, and the victim of the need for additional time and the anticipated completion date.

If a student simultaneously faces charges in a criminal court and in the University disciplinary system due to the same violation, the University may postpone its Disciplinary Hearing until criminal proceedings are completed. That is a decision reserved to the Vice President for Student Affairs/Dean of Students.

No Retaliation

Retaliation for making a good-faith complaint and/or Incident Report regarding a violation of these Community Standards, supporting such a report, providing information (including acting as a witness) concerning any such report, or otherwise properly opposing prohibited discrimination or harassment at the University is strictly prohibited.

Independent Investigations by the University

The University may have an independent obligation to investigate reports of discrimination or harassment in violation of the University's discrimination and harassment policies whether or not they are pursued by a student through the disciplinary process set forth above, the grievance procedures set forth in the University's Equal Employment Opportunity and Anti-Harassment Policy, or otherwise. All such investigations shall be conducted promptly and equitably using a Preponderance of the Evidence standard.

The existence and nature of any complaint or report of discrimination or harassment in violation of University policy will be disclosed only to the extent necessary to effectively investigate or to take the appropriate remedial conduct. While the University will conduct the investigation in as confidential manner as is reasonably possible, it cannot guarantee confidentiality in its investigation. Participants in the investigation other than the victim may be instructed to keep the matter strictly confidential and may be subject to disciplinary action if they fail to do so.

Parent/Guardian Notification Policy

Due to the fact that the vast majority of La Salle undergraduates are legal dependents of their parents or legal guardians, the University reserves the right, in accordance with applicable law, to contact parents or legal guardians when sanctions of suspension from the residence halls, suspension from the University or dismissal from the University are imminent and/or when the University has knowledge that a student has been arrested by Philadelphia Police or other law enforcement agencies. Independent students should contact the Senior Associate Dean of Students to notify the University of their independent status.

Sharing of Information About an Employee/Student

The University desires to treat individuals who are both enrolled as a student of the University and employed in any capacity by the University (defined for the purposes of this policy only as an "employee/student") in the same manner as other University employees with respect to whom it may not have access to information concerning employees' activities and whereabouts outside of the workplace. As an employee/student has a presence on campus unrelated to their employment and are subject to student discipline, the University as a whole has access to information about an employee/student's conduct that may not be relevant to the individual's role as an employee of the University and vice versa.

The University, however, has legal obligations under federal and state laws to take measures to promote the safety of its students, employees, and visitors on campus, including under Title IX of the Education Amendments of 1972 and the Jeanne Clery Act.

In order to achieve a balance between the competing interests of employee/students and the University with respect to the dissemination of information regarding the conduct of employee/students, Student Affairs and Human Resources shall share information that may subject an employee/student to discipline both as an employee and a student only when the information relates to an act of physical violence against persons or property. These circumstances include, but are not limited to, forcible sex offenses, robbery, burglary, assault, battery, arson, and motor vehicle theft. Student Affairs and Human Resources also shall share the fact of an employee/student's exclusion from campus as a result of any campus disciplinary process.